Kapi Creative - General Terms & Conditions

1. For the purposes of logo design, web site design or development. These terms and conditions set forth the provisions under which the Client may use the services supplied.
2. Definition: The client “Client”, “you”, “your” – the company or individual requesting the services of Kapi Creative:
3. Contractural Agreement:An advance minimum deposit of 25% of the total cost of the project is required before work can commence. After work commences this is non-refundable. The client’s approval for work to commence shall be deemed a contractual agreement between the client and Kapi Creative. Except where otherwise agreed in writing between the Supplier and the Client, these conditions shall apply to all contracts for design services between the Supplier and the Client.
4. Kapi Creative Intellectual Copyright: Kapi Creative holds intellectual copyright of any material, including source code and original images created for the client until payment of the final invoice. At this time we will transfer this intellectual copyright to the client.
5. Services: Kapi Creative is an logo design and Internet Web design. We provide the Client graphical design, XHTML, CSS and other associated computer programming languages.
6. Services: As part of our services we use photography, search engine optimisation, e-mail forwarding and any other necessary skills. Not necessarily including all for every customer.
7. Clients Responsibilities with Regard to Copyright:In situations where the client provides images, text, animations, layouts or any other content for their website they are legally responsible for ensuring that this material does not infringe any copyright. Certain images provided by Kapi Creative may have been purchased under licence from stock image suppliers. These images are generally only licensed for use on a website. The licence may not permit them to be used in publicity material. The website owner is legally responsible for ensuring that this does not happen. If you wish to use any images from the site for other purposes please contact us for clarification.
8. Registration Charges: All third party costs arising from the registration of a domain name shall be met by the Client. Kapi Creative recommend that clients register their own domain names so that they have full ownership of these but where we have registered a domain name on the client’s behalf we agree to transfer this domain name to the client immediately upon request and without charge.
9. Search Engine Promotion: If Search Engine Optimisation has been agreed as part of the contract the client must be aware that Kapi Creative are not responsible for ongoing web site promotion. Should the client require the site to be promoted on an ongoing basis a separate contract must be agreed. The order in which websites are ranked in the natural search results is controlled by the search engines. While we can optimise your site initially for this by making it search engine friendly, it is impossible to make any guarantees on ranking position.
10. Cancellation: Should the client wish to cancel at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly.
11. Conceptualising: Conceptualising is the process of producing website concepts for clients. Concepts can include site mock ups, graphics and design proposals. This clearly takes a lot of time and for higher cost websites it will be included. For low cost sites (say below £1000) you should be aware that (unless previously agreed) only one concept is possible. You should therefore ensure that you let us have your preferred colour scheme and design requirements beforehand. If you don’t do this we will design the website appropriately. If it is not to your taste we may not be able to rework the website without additional charges. This is why it is often best to show us another website that you like as an example of what you require.
12. Stated prices on web site: IMPORTANT: We aim to ensure that all information on this site is accurate and up to date. However, sometimes an error can occur. If we locate an error in the price or description of a product you have ordered, we may cancel your order at any time up to the point we send you the product(s) (even if you have received your order confirmation email). Kapi Creative will contact you where we become aware of an error and ask whether you wish to continue with your order at the correct price or cancel it. If we do cancel your order, you will receive a full refund of any charges paid in advance.
13. Quotations: The price quoted to the client is for the work specifically agreed on the quotation only. Should the client decide that changes are required after work on the website has commenced there may be a surcharge.
    1. Quotes are valid for 28 calendar days from the date of issue.
    2. The price quoted to the client is for the work agreed on the quotation only in association with the specification.
14. Payment - Refund Policy: After work on a logo or website commences advances are not refundable. (See refunds - section 30)
15. Payment Methods: Clients are expected to make a depsoit before work commences. Unless otherwise agreed, payment is only accepted by credit card, cheque or bankers draft in UK Pounds Sterling. If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of £35.
16. Payment of Balance: Invoices (in electronic email format) are issued when clients accept that their website and or logo designs has been completed to their satisfaction. Payment of the balance is due immediately on completion of the website. We reserve the right not to provide the website or logo until full payment has been received.
17. Costs: Costs incurred by the Supplier for such items as, but not restricted to, printing, photography, illustration, typesetting, provision of mock-ups furnished at the Client’s request or with his approval may be included within the overall fee or charged separately. The Supplier is entitled to add a commission for this service.
18. Expenses: In addition to fees and outside suppliers’ costs, the Supplier shall be reimbursed for all reasonable out of pocket expenses properly incurred in the execution of the Project. Such expenses will include hotel and travelling expenses, telecommunications, etc.
19. Future Support: Your website will be handed over as a fully functioning, completed work. Unless it has been agreed beforehand Kapi Creative is not responsible for future support. Support can be provided upon request for an agreed fee.
20. Grace period: There is a 7-day grace period upon completion of the website, where all minor modifications to the site are free (for example, graphical changes). However, major structural, contentual or graphical modifications are subject to a fee. To avoid these charges, a 12 month maintenance package can be purchased at any time.
21. Future Site Problems: Problems caused by malicious software, spyware, viruses and website hacking are a fact of life on today’s Internet. It is highly unlikely that these will affect your website, and Kapi Creative will endeavour to protect it from this as much as we can during its creation, but after the website is handed over we cannot be held responsible for problems caused by illegal activity or the actions of others.
22. Access to Client Hosting Space: We may require ongoing access to our clients’ hosting space to allow us to support and monitor their websites. This access is via a user ID and password combination, which the client may change after the website is handed over. If the client chooses to change the password we will no longer have access to the website and further support will not be possible. We cannot be held responsible for any changes made to the website by the client or the client’s agents.
23. Website Design Discontinuation: If at any point during the process of the web design a designer feels that the website is going to be used for an illegitimate purpose, then Kapi Creative have the right to refuse to complete the website, this is for the protection of our clients, the consumer and ourselves, as we have a responsibility to all three. All monies paid up to that point will not be refundable
24. Malicious Activity: Once the website has been completed, we aim to keep extra costs at £0, however if there is any malicious activity on the website once it has been completed, then there will be additional costs to amend any issues with the website. There are ways to prevent this, for example we will give you FTP details, it is strongly advised that only professionals use this information to access the website, as modification of any of the files can cause major disruption, which will eventually lead to extra costs.
25. Compliance with Ecommerce, Accessibility or Other Regulations: We design websites in accordance with the client’s specifications. It is the client’s responsibility to ensure that the website and its content comply with current online trading laws and regulations. We cannot accept responsibility for any failure to comply with laws and regulations related to accessibility, selling online or those related to a specific business or trade. We can research this on the client’s behalf upon request, but in any business where complex compliance issues may exist we recommend that the client takes legal advice from their company lawyer.
26. Ammendments to terms: We reserve the right to amend, edit or replace these terms of business at our own discretion, and without prior notice.
27. Confidentiality: The Supplier will not disclose or permit disclosure of or use to their advantage any information stated to be confidential concerning the Client’s business without the Client’s written permission.
28. Termination of contract: The Contract may be terminated by either party giving the other 14 days notice in writing (generally email - confirmed and acknowledged by Kapi Creative). Upon termination the kapi Creative will provide an invoice for the Client concerning work done, please note that any costs and expenses incurred up to the end of the notice period will be charged to the client. This invoice shall be payable upon receipt. In the event that any projects have been prepaid by the client, then a full reimbursment shall be provided. .
29. Refunds: Any refunds given are at the sole discretion of the management.
    1. Refunds will not be given for any logo or web design project that has progressed beyond first stages of conception. This means the provision of the initial set of concepts to the client.
    2. Refunds will not be given for projects that are deemed to be dormant by Kapi Creative. See section 31 below - - Dormant Projects
    3. Should the client be unsatisfied with any logo designs then kapi Creative will present you with a completely new set of designs. If after the second set of designs you are still not satisfied we will refund you your money, less a £50.00 service fee.
    4. Any prepaid prepaid projects that remain unstarted at the time of termination will receive a refund of the payment.
30. Dormant Projects:
    1. Any projects that continue to remain dormant for a further 30 days will be subsequently removed from our database.
    2. Design projects that have been removed form our databases will be subject to a re-instatement fee of £50 should the client wish to reinstate the project.
    3. Kapi Creative will use endeavour to contact the client before a project is removed from it's databases. However Kapi Creative accept no responsibility for maintaining contact with any client with regard to any project.
    4. Any projects that are declared dormant waive any right to a refund of any fees paid. It is at the management’s sole discretion whether a credit note could be issued
31. Intellectual Property: Means any material subject to or capable of protection by patent, trade mark, registered design, copyright, design right, know how or similar protection which is produced, created or used in relation to the Project.
32. Copy Rights & Intellectual Property: All intellectual property shall belong to the Kapi Creative until completion of the project and upon reciept of full payment from the client. All copyrights will be transfered to the client for the project with the following exceptions.
    1. The copyright licence will be provided concerning only the final project (logo, website or other) presented to the Client in final form. The licence does not include any draft or prototype material used in the initial and or developmental design phases of the projects.
    2. Kapi Creative hold full rights to any draft and prototype concept material produced.
    3. Kapi Creative hold full rights to use any concept material developed during the design phases. This can be used in any form of self-promotion and advertising as we fit.
    4. Kapi Creative fold full rights to all website coding and scripting.
    5. Kapi Creative warrants that so far as the Supplier is aware, and without having made enquiry, no design proposed by it will infringe any Intellectual Property right of any third party.
33. Client Content supplied work :
    1. It is the client's responsibility for the approval of the project. Kapi Creative accepts no responsibility for any errors inherent in the work on approval of the project (logo, website etc).
    2. It is the client's responsibility for the provision and approval of the content of the web site provided to Kapi Creative. This includes textual content in addition to graphical and photographic content, sound, and all media types.
    3. The client will ensure that the provided content does not breach any law. Kapi Creative reserves the right to refuse to handle:
       • Any media which is unlawful or inappropriate.
       • Any media which contains a virus or hostile program.
       • Any media which constitutes harassment, racism, violence, obscenity, harmful intent or spamming.
       • Any media which constitutes a criminal offence, infringes privacy or copyright.
34. Client Sign off and proof
    1. It is the client's responsibilitiy to ensure that the design meets their requirements. Once agreed with Kapi Creative that the designs meet the requirements then a proof sign off document is required by kapi Creative.
    2. Once the client proof sheet haas been signed then Kapi Creative take no responsibility for for any mistakes, missing or incorrect content. Any changes to the design will result in additional charges of £10 per 1/4 hr
35. Risk: Risk in all materials supplied passes to Client on delivery to the Client or to an independent carrier instructed by the Client or by the Supplier on behalf of the Client.

Kapi Creative - Logo Design Terms & Conditions

1. Concept: A logo concept is defined to be a logo design. This may take effect in the form of text/type only and or text/type with an icon.
2. Initial Concepts: are deemed to be the first set of designs presented to the client. They will be formally identified as ‘initial designs’
3. Logo Revisions: Logo revisions take the form of and are classified as -colour alterations to existing designs, font alterations to existing designs. Please note that Kapi Creative reserve the right to refuse any revision if it does not meet then criteria noted. Any major alterations will be charged as a new design concept accordingly.
4. Concept: A logo concept is defined to be a logo design. This may take effect in the form of text/type only and or text/type with an icon.